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NSW Letters of Administration - When Does 6-month Period Start?

Discussion in 'Wills and Estate Planning Law Forum' started by Qak, 17 July 2017.

  1. Qak

    Qak Member

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    My sibling and I are likely to be the only beneficiaries of a parent who died intestate. I will be applying for a letters of administration if no will turns up in the very near future.

    We want to sell the house ASAP due to property market conditions. At what point in the Administration process can the Estate sell the property (no distribution will occur after the 6-month period, so the estate will hold the sale proceeds until then).

    When does the 6-month period start from?
     
  2. Mary W

    Mary W Well-Known Member

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    Sorry to hear of your parent's death.

    The 6 months to distribute is from the date of death. Section 92 of the Probate and Administration Act sets this out.

    The property cannot be sold until you have Letters of Administration. As far as I know you can sell it once you have Letters of Administration but before the 6 months is up, leave the balance in a solicitor's trust account or estate account, and distribute after the relevant time.

    The whole process is likely to take a while so it may be 6 months before you get the money for the house anyway.
     
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